Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55984 of 2019 Applicant :- Shahid Opposite Party :- State of U.P.
Counsel for Applicant :- Satya Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Satya Prakash Singh, learned counsel for the applicant as well as Sri S.B. Maurya, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Shahid with a prayer to release him on bail in Case Crime No. - 129 of 2019, under Section - 307 I.P.C. and Section 3/5/8 of Cow Slaughter Act, Police Station - Didarganj, District - Azamgarh, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of offence making attempt to murder, punishable with imprisonment upto life;
(ii) against FIR lodged on 06.10.2019, the applicant is in confinement since then;
(iii) as to the criminal history, it has been submitted that barring one case of the year 2012, there is no other criminal history. Even in that case the applicant has already been enlarged on bail;
(iv) though it is not clear that the charge sheet has been submitted, however, at present, no justifiable cause has been shown to continue the detention of the applicant for an indefinite period;
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted that though the allegation of firing at the police party has been made, however, no injury has been caused to anyone and that the allegation is wholly false;
(vi) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial or intimidate the witnesses.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the investigation/trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 16.12.2019 M. Kumar